II. Canadian Legal Framework a. Constitutional Law Only Canadian citizens and persons with permanent resident status (the latter could include stateless persons with permanent resident status) have a constitutional right to pursue work in any Canadian province.210 b. Federal Legislation – Work Permits for Foreign Nationals Generally, a foreign national (this includes a stateless person who is not a permanent resident) requires a valid work permit in order to be able to work in Canada. 211 In most cases, the foreign national must apply for a permit before entering Canada.212 However, depending on the foreign national’s country of origin, status in Canada, or their personal and family circumstances, they may be able to apply for a work permit upon entering Canada or after entering Canada.213 Stateless foreign nationals who are outside Canada and require a visa to enter Canada, and/or if they require a medical exam before coming to Canada, must apply for a work permit before entering Canada.214 In limited cases, a stateless foreign national could apply for a work permit upon entering Canada.215 According to the IRPR, foreign nationals who may apply for a work permit after entering Canada, include: • Foreign nationals with a work permit; • Foreign nationals working in Canada under the authority of section 186 and are not a business visitor within the meaning of section 187; • Foreign nationals with a study permit; • Foreign nationals with a temporary resident permit (TRP) issued under subsection 24(1) of the IRPA and that is valid for at least six months; • Foreign nationals who are a family member of a foreign national described in the four categories identified above (ie. person with a work permit; special reasons under s. 186; Charter, supra note 45 at s. 6(2)(b): “Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right…to pursue the gaining of a livelihood in any province.” 211 IRPA, supra note 20 at s. 30(1); and IRPR, supra note 21 at s. 196. There are several exceptions to having to obtain a work permit in order to work in Canada, but these appear be limited to specific “special reasons”, similar to the circumstances envisioned by the drafters of the 1954 Convention; see IRPR, supra note 21 at ss. 186. Examples of persons who may work in Canada without a work permit include: business visitors, foreign representatives, their dependents, students on campus, performing artists, and religious workers. 212 IRPA, supra note 20 at s. 11(1). 213 Ibid., at s. 198-199. 214 Citizenship and Immigration Canada, “Determine your eligibility – Work in Canada” (2 March 2015), available at: http://www.cic.gc.ca/english/work/apply-who-eligible.asp. 215 IRPR, supra note 21 at s. 190 & 198. See, ibid: “You can ask to be allowed to work in Canada as you enter Canada but only if: you do not need a visa, you already hold a valid medical certificate (if you need it for your job), or are from a designated country, your employer has submitted a copy of a valid Labour Market Impact Assessment (LMIA) (if needed), and your employer has proof that they have paid an employer compliance fee and submitted an Offer of Employment form to Citizenship and Immigration Canada, if you do not need a LMIA and will be working for a specific employer.” 210 42